Tenant's Claim Raised Too Late

May 31, 2010

LVT Number: #22683

Tenant sued landlord for negligence, claiming that she was injured due to a breach of warranty of habitability in her apartment. The court and appeals court ruled against tenant. In a prior landlord-tenant proceeding, tenant’s damages for the breach of warranty of habitability were limited to a rent abatement. Tenant claimed that she first discovered her injuries in 2001. But she sued landlord more than three years later and after the housing court case had been dismissed. Tenant’s claims therefore were untimely.

Tenant sued landlord for negligence, claiming that she was injured due to a breach of warranty of habitability in her apartment. The court and appeals court ruled against tenant. In a prior landlord-tenant proceeding, tenant’s damages for the breach of warranty of habitability were limited to a rent abatement. Tenant claimed that she first discovered her injuries in 2001. But she sued landlord more than three years later and after the housing court case had been dismissed. Tenant’s claims therefore were untimely.

Walls v. Prestige Management, Inc.: NYLJ, 5/27/10, p. 33, col. 5 (App. Div. 1 Dept.; Mazzarelli, JP, Sweeny, Catterson, Renwick, Manzanet-Daniels, JJ)

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